When a tenant illegally holds over past the end of the tenancy’s durational time, a tenancy at sufferance is created. An example is when a tenant stays past the expiration of his or her lease. In this instance, the landlord can hold the tenant over to a new tenancy and collect rent for the time the tenant was held over. Tenancy at sufferance is quite different from tenancy at will, as you’ll soon see in this article. Each state, including Florida, has its own way of evaluating tenancy at sufferance. Find out more in this article. We have also included an example to illustrate the tenancy at sufferance.
What is a Tenancy at Sufferance?
Tenancy at sufferance is an agreement in which a property renter is legally allowed to dwell on a property after the lease term has expired but before the landlord orders the tenant to vacate the property. If a tenancy at sufferance occurs, the original lease obligations, including the payment of any rents, must be followed. Otherwise, the tenant may be evicted at any moment, with or without cause.
Eviction proceedings are one of the circumstances that can result in a tenancy of sufferance. This may occur if a tenant’s lease agreement expires but they do not depart the premises and the landlord intends to lease the space to new occupants. The landlord or property owner may commence legal action to evict the tenant from the property, but the tenant normally cannot be physically removed from the property.
While the eviction procedure is underway, the tenant must follow the terms of the rental or lease. If they do not pay their rent according to the conditions of their previous lease, they may be evicted from the property. Before a final decision is made on an eviction, it could take anywhere from six months to a year. The property owner would have to accept the tenancy at sufferance for the duration of the lease term as long as the tenant met their lease term responsibilities. The property owner may offer to buy out the tenant in order to have them leave the property. This is a more expensive choice, but it will speed the settlement of the matter. If such a buyout is accepted, the tenant’s tenancy at sufferance will cease and he or she will be required to evacuate the premises.
A new lease agreement could also be offered by the property owner. Acceptance of a new lease by all parties would also result in the termination of a tenancy at sufferance, with the tenant bound by the provisions of the new arrangement. We’ll use an example to illustrate the tenancy at sufferance further.
Example of Tenancy at Sufferance
Last year, Fred signed a contract for an apartment. He’s been attempting to buy a house, and things are going nicely for him. He timed his move out of the apartment for a couple of days after signing the closing docs for his new property.
The mortgage lender informs him at the last minute that they are unable to approve his mortgage loan. Fred loses the deal on the new house because he is unable to obtain financing. What should I do now? He just has a few days left on his lease, but he has nowhere to go.
Fred’s contract does not specify that he can continue to occupy the property on a month-to-month basis after the lease expires. In this circumstance, he is in a tenancy at sufferance situation if he stays at the apartment after the lease expires and his landlord does not insist that he move.
Tenancy at sufferance is simply one of many various types of tenancy. It is the length of time between the expiration of a lease and the landlord’s demand that a tenant vacate the property.
A lease is a legally enforceable contract. It stipulates how long a tenant will occupy real property, what rules they must follow while there, and how much to pay as rent. When a lease expires, the tenant has two options. Stay on the property or leave. If they do not depart, the landlord has the right to demand that they do so.
Fred still obeys the conditions of the lease, even though it is no longer in effect because it has expired. He must still pay the rent stipulated in the lease. Essentially, the conditions of the lease still hold him until he vacates the premises or the landlord orders him to do so.
Tenancy at Sufferance vs Tenancy at Will
Tenancy at sufferance is quite different from tenancy at will. Before we go into the differences, let’s see, first, what tenancy at will entails.
What is Tenancy at Will?
A tenancy at will occurs when a tenant occupies a property indefinitely with the landlord’s consent. This is with the understanding that either party can terminate the arrangement at any moment by giving prompt notice. It can be both informal and formal. A tenancy at will is typically only appropriate for temporary, short-term use.
It is the most common type of tenancy agreement.
In most circumstances, the law requires a tenant to pay rent in advance, once a month. Tenancies at will differ depending on state law. In general, however, they do not comprise a formal lease or a payment arrangement. They normally do not specify how long a renter can stay at a property.
What differentiates tenancy of sufferance from tenancy at will?
The core difference between a tenancy at sufferance and a tenancy at will is this: a tenant at will is granted permission by the landlord to dwell in the rental property. This is after the initial lease arrangement expires. It’s a matter of agreement. A tenancy at sufferance is one that arises without the permission of the landlord. In a tenancy at will, there is usually no written contract or lease agreement between the landlord and the tenant. There are no hard and fast rules that either party must observe. Typically, there is no predetermined termination date. A tenancy at will is a lenient and usually verbal agreement between the landlord and tenant. However, both parties must still follow certain basic rules.
|Tenancy at Sufferance||Tenancy at Will|
|The tenant does not have the landlord’s permission to remain on the property.||The landlord has agreed to the tenant living in the property.|
|A tenancy in sufferance occurs after a lease has expired and has not been renewed in writing.||A tenancy at will implies a verbal agreement.|
|The terms of the rental relationship continue after the lease has expired.||The rental relationship is open-ended and includes no strict terms.|
Tenancy at Sufferance Florida
In Florida, any tenant or lessee of any houses, lands, or tenements at will or sufferance, or for part of the year, or for one or more years, and the assigns, under-tenants, or legal representatives of such tenant or lessee, may be removed from the premises in the manner hereinafter provided in the following cases:
- Where such person retains and continues to occupy the demised premises, or any part of them, after the end of the person’s period, without the permission of the person’s landlord.
- Where such person holds over without permission as aforesaid, after any default in the payment of rent pursuant to the agreement under which the premises are held, and 3 days’ written notice requiring the payment of the rent or possession of the premises has been served on the person owing the same by the person entitled to the rent. The notice shall be served by delivering a true copy thereof or, if the tenant is absent from the rented premises, by leaving a copy thereof at such location.
- When such person holds over without authorization after failing to cure a serious breach of the lease or oral agreement, other than nonpayment of rent, and after the tenant has been served with a 15-day written notice requiring the cure of such breach or possession of the premises. This subsection only applies if the lease is silent on the subject or if the tenancy is an oral one at will. The notice may provide for a longer amount of time to cure the breach or surrender the premises. If a lease term that specifies the manner of service is not available, you must serve the notice by mail, hand delivery, or posting. That is if the tenant is not present at the rental premises or the address specified in the lease.
Tenancy at Sufferance California
If a tenant continues to live in their apartment after the lease period has expired without the landlord’s permission. They are, nevertheless, considered a holdover tenant (sometimes known as a “tenant at sufferance”). A landlord can launch an eviction action (or, as it is termed in California, an “unlawful detainer”) without formally serving a notice to quit. Perhaps, in the case of a holdover tenant, the process will be sped up a little. Furthermore, a holdover renter can be liable for rent. In addition to any damage produced during the period in which they have surpassed their lease term.
A lease, in general, establishes the amount of rent that a tenant must pay and provides for annual growth. When a contract expires, landlords can increase the rent for a holdover tenant. California courts usually enforce a150 percent increase in business rent. If the tenant had the choice of leaving the property rather than paying the rent increase.
As mentioned in the preceding example, tenancy at sufferance occurs when a lease expires and the tenant continues in the rented property. The landlord could not have agreed to the tenant staying in the house. They are not, however, needed to have asked for the tenant’s departure.
However, even if the lease has ended, the tenant still has to follow the terms of the contract. This includes paying rent.
Frequently Asked Questions
What are the three types of tenancy?
There are three main types of tenancy in the United States. Knowing the fundamental differences between them may help you decide which one is best for you. These are fixed-term tenancy, periodic tenancy, and tenancy at will.
Which best describes a tenancy at sufferance?
When the tenant stays beyond her lease without consent.
What is estate at sufferance in real estate?
An estate at sufferance is one in which the tenant who has properly come into possession of the land keeps it after the term expires. For example, a tenant who remains after the expiration of a lease is considered to be holding an estate at sufferance.